Журнал судебно-медицинских исследований

The Assessment of the Clinical Social Danger by the Subject Committing a Crime

Abstract

Diana Galletta

Currently in Italy sometimes the criminal cohorts based on the combined provisions of articles 202 (Applicability of security measures), 203 (Social danger) and 133 (Gravity of the crime: Evaluation of the effects of the penalty) of the code they feel the need to assess whether the human person who has committed a criminal offense is "socially dangerous ".

The Italian criminal code establishes that for socially dangerous people who have committed a criminally relevant act (crime or quasicriminal) envisaged as such at the time of its commission, additional security measures may be applied and maintained.

Even in cases determined by the law in which the legislator makes the need for rehabilitation prevail for a fact not foreseen by the law as a crime (defined as a quasi-criminal, these are mandatory cases: The impossible crime, the criminal agreement not executed, committing a crime if the instigation is not upheld) safety measures can be applied to socially dangerous people.

The assessment of clinical social danger is based on the study of the state of mind: At the time and after the arrest, by reading the judicial documents (to find out about the crime formalized at the time of the prosecution by the Public Prosecutor), the interrogation reports and/or statements made, and any health documentation.